pappu
10-06 08:08 AM
On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
yes true. there will be efforts during the lame duck session from both sides. However it will not be easy as it seems. We need everyone's support to prepare ourself for this session now. This is the reason IV has started its drive to increase its membership and funding. we need to look tall when we will speak to lawmakers about our cause. It should show that we are representing 1 million high skilled immigrants stuck in backlogs and retrogression.
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
yes true. there will be efforts during the lame duck session from both sides. However it will not be easy as it seems. We need everyone's support to prepare ourself for this session now. This is the reason IV has started its drive to increase its membership and funding. we need to look tall when we will speak to lawmakers about our cause. It should show that we are representing 1 million high skilled immigrants stuck in backlogs and retrogression.
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jindhal
09-27 04:39 PM
Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...
Look at all his previous statements...I dont know under what kind of influence he makes his statements...
He has BSed us in the past (look at his prior statement that he made in VEGAS) ....
Now he is BSing us again....
And we take his words seriously and start another set of arguments....
God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.
CO's words have been mostly pessimistic..and upsetting so far...
Look at all his previous statements...I dont know under what kind of influence he makes his statements...
He has BSed us in the past (look at his prior statement that he made in VEGAS) ....
Now he is BSing us again....
And we take his words seriously and start another set of arguments....
God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.
CO's words have been mostly pessimistic..and upsetting so far...
anzerraja
07-19 08:18 PM
Thanks !
Very much. We only need 640 guys like you to step forward and get this done.
$101 from me
Very much. We only need 640 guys like you to step forward and get this done.
$101 from me
2011 Birthday Cake Ice Cream Blue
smuggymba
07-21 08:22 AM
My question is, what will happen after that?
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.
more...
h1bmajdoor
07-08 05:07 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
cnag
03-25 06:50 PM
My PD is Dec 2004. I am hoping in 2010.
Mine is Nov 2005... and I am not hoping. There is no point in hoping or fantasizing etc. Just forget it. :mad:
Mine is Nov 2005... and I am not hoping. There is no point in hoping or fantasizing etc. Just forget it. :mad:
more...
leoindiano
02-05 01:16 PM
We can get inforpass by visiting https://infopass.uscis.gov/, i will try that.
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gc28262
03-06 04:36 PM
What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
That is one of the curses of democracy. Politicians favor vote banks. After all what they care about is the votes.
more...
sankap
07-09 11:58 PM
@desi3933:
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permanent and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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diptam
06-22 03:46 PM
Giving Pay stubs instead of FUTURE employment letter ?
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...
Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.
more...
pvpb
09-26 02:51 PM
Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.
Venkat
Venkat
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andycool
08-25 05:51 AM
Congrats man...U took off as well :)
Thanks Buddy
Thanks Buddy
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StarSun
02-22 09:05 AM
Guys/Gals,
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
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nmdial
11-17 03:22 PM
All the best!!
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CADude
10-11 04:09 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman�s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
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hebbar77
05-08 03:11 PM
When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.
So who is the leader who is responsible of DOING stuff with that money when I contribute
more...
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hebron
07-19 08:08 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
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godspeed
07-21 08:53 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
Hmm, urs is a unique case, but as far as i can tell u need to have FP done, that is the process, your lawyers may be able to help, have u contacted them?
Paper filing is fine and its not slow, usually paper filers dont get FP notices.
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
Now my FP is not done and I am current next month.
My company does only paper based filing for EAD. (Is e-filing costly?)
Will I not get any FP notice again?
I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..
Does paper based filing not trigger FP? Is it slower?
Hmm, urs is a unique case, but as far as i can tell u need to have FP done, that is the process, your lawyers may be able to help, have u contacted them?
Paper filing is fine and its not slow, usually paper filers dont get FP notices.
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hpandey
07-28 05:55 PM
EAD Paper Filed TSC - 21st June
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
RD - 06/23/08
No LUD after that. Still waiting.
Applied 06/23
Got cards for both me and my wife on 07/28
Approved for two years beginning OCT to OCT/10
The weird part is that my I-131 application still shows pending on the USCIS website . My wife who is the Primary applicant got her application approved on 07/22 .
psk79
08-31 01:04 PM
Application Sent on June 30th. Recd in NSC on July 2nd. I had applied only 485 at that time. Sent the other forms later with the Fedex receipt no. Waiting for EAD/AP receipt now!!
I saw a few receipts/EAD's come out for NSC filers iwth TSC I140 and seems like this has stopped a bit. I haven't seen a lot of these receipts in the last couple of days... whats going on at TSC??????????????????????????????????????
I saw a few receipts/EAD's come out for NSC filers iwth TSC I140 and seems like this has stopped a bit. I haven't seen a lot of these receipts in the last couple of days... whats going on at TSC??????????????????????????????????????
apahilaj
11-06 01:24 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
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